Legal Opinion

State v. Davis

Court of Appeals of Utah

Decided February 12, 1990No. 890009-CAPublishedCited by 17 opinions

1Opinion of the Court

BILLINGS, Judge:

Defendant David Davis was charged with possession of a controlled substance without the required tax stamps affixed, a third degree felony, in violation of Utah Code Ann. § 59-19-105 (1988). Defendant filed a motion to dismiss the charge, claiming that section 59-19-105 of the Utah Drug Stamp Tax Act 1 is unconstitutional. The trial court denied his motion and consequently defendant entered a conditional plea of no contest.

Defendant argues on appeal that (1) the Utah Drug Stamp Tax Act violates his privilege against self-incrimination under the fifth amendment of the United…

2Cases cited32 opinions

  1. Kolender v. LawsonSupreme Court of the United States · 1983
  2. Hoffman v. United StatesSupreme Court of the United States · 1951
  3. Leary v. United StatesSupreme Court of the United States · 1969
  4. Marchetti v. United StatesSupreme Court of the United States · 1968
  5. Counselman v. HitchcockSupreme Court of the United States · 1892

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3Cited by17 opinions

  1. Clifft v. Indiana Department of State RevenueIndiana Supreme Court · 1995
  2. State v. RobinsonCourt of Appeals of Utah · 1990
  3. State v. HallWisconsin Supreme Court · 1997
  4. Zissi v. State Tax Com'n of UtahUtah Supreme Court · 1992
  5. State v. GodbersenSupreme Court of Iowa · 1992

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